Page:Ruffhead - The Statutes at Large - vol 8.djvu/414

 'jSo IS, rer Mile to be pakl to :h-- Gacler for his E» pencci out or" the Prilo- nei's Eitate j (rby the TreiiuMr of the County. Cteii'.ton t» b« (-ita- noaed, and 3 Copy of the Rule and upon Affidavit made or fiich Service, the Cour: to appomt a Time ior hsarmi; the Matter ot' the Petition J an.l the Creditors ap- pearing tliereto, or not, Proof being made of their bsing duly ftrvcd with the Notice, and Copy of the Schedule of the t'riloner's Eftate, the Court to proceed therein in a fummary a> J »nd adminifter the Oah to the I'rifoner ; ti'd make fuch Order in 'the I'reimiiTcs as /hull fccm meet, snd proceed a's aforelaid coacerninj; the PrifoACr's Discharge. Order to ftand good, and t<i er.te.ed u^op. Record, Prifoher refufih^ to de- iivvT up his Eftate aixl fft'eiU to latk/y hij C. 28. -Anno trkefimo fecundo Georgu II. A. D. 1755. any fach Prifcner or Prifoners fhall be imjjrifoned ; and the Expence of bringing every fuch Prisoner to any fuch Aflizes, nor exceeding one Shilling a Mi:e, fliall he paid to the Gaoler, Keeper, or Officer, who fhall bring any fuch Prifoner to any fuch Aflizes or Great Seflions, in Obedience to any fuch Rule or Order as aforefaid ferved on him, out of every fuch Prifoner's Eftate or EfFedts, if the fame fhall be fufficient to pay fuch Expence; and if not, then fuch Expence fhal! be paid by the Treafarcr of the County, Riding, Divifion or Place in which any fuch Prifoner fhall be im- prifoned, out of the Stock of the County, Riding, Divifion or Place, as the fame fliall be allowed, direfted or ordered, by any iuch Court frum which any fuch Execution fhall have been ifTued againft any fuch Prifoner or Prifoners, or in the Prifon of which any fuch Prifoner fhall be, by one or more of the Judge or Judges of Affize, Jullice or Juftices of Great Seflions : And the Creditor, or feveral Creditors, his, her or their Executors or Adminiflrators, at whofe Suit any fuch Prifoner or Prifoners fhali fland charged in Execution as aforefiid, fhall by Rule or Order of the Court from whence the Procefs iflued, be fuinmoned to appear at the faid next Aflizes or Great Seflions, if fuch Creditor or Creditors, his, her or their Executors or Adminiftrators can be met with ; and if not, then the Attorney laft imployed for fuch Creditor or Creditors (hall be fummoned to appear there; and a Copy of every fuch Rule or Order fhall be ferved on every of fuch Creditor or Creditors, his, her or their Executors or Adminiftrators, or be left at his, her or their Dwelling-houfe or ufuai Place of Abode, or with his, her or their Attorney lafl imployed as aforefaid, fo'jrteen Days at leaft before the holding of any fuch AfTizes or Great SefTions ; and on an Affidavit of fuch Service thereof being laid before the Judge or Judges of AfTize, Juftice or Juflices of Great SeiTions as aforefaid,. fuch Judge or Judges of Aflize, Juftice or Juflices of Great SefHons refpeftively, on being fatisfied with the Truth of fuch Affidavit, is and are hereby required to appoint a Time for hearing the Matter upon every fuch Petition as aforefaid, on fome certain Day and Time, on the Crown Side of every fuch Court or Great Sefnons, during fuch AflTizes or Great Seflions; and upon theAppear- arice there of the Creditor or Creditors who fhall be fummoned in purfuance of this Adt, his, her or their Executors or Adminiftrators, or in Default of the Appearance, either in Perfon or by Attorney, of the Party or Parties who fhall have been fummoned fo to appear, then on Proof of his, her or their being duly ferved with the Notice hereby required to be given, and a Copy of the Account of the Real and Perfonal Eftate of the Prifoner or Prifoners defiring to be difcharged being comprifed in fuch Notice, and alfo of the Rule of fuch Court for his, her or their Appearance at fuch Aflizes or Great SefHons, having been duly ferved as herein before is diredted, the Judge or Judges of fuch Affizes or Great Selfions refpedively, as the Cafe fhall happen to be, fliall there in a fummary Way, examine into the Matter of every fuch Petition, and hear what can or fhall be alledged on either Side, for or againft the Difcharge of the Prifoner or Prifoners fo petitioning ; and upon every fuch Examination fuch Judge and Judges of AflSze and Great Seflions refpedlively, of any one of them, is and are hereby iiTipowered and requiied refpetShively, within their refpeCtive Jurifdidlions, to adminifter or tender to every fuch Prifoner, the fame Oath as herein before is di~ reeled and appointed to be taken by any Prifoner, before the Judges of the Court out of which the Procefs, upon which any fuch Prifoner was taken in Execution, ift'ued ; and fuch faid Judge or Judges of Alfize, Juftice or Juftices of Great Seffions refpectively, or any one of them, is and are- hereby refpeftively authorifed and required to make fuch Order in the PremifTes as to him or them fhall ieem meet, and to proceed in the fame Manner concerning the Difcharge of any Prifoner or Prifoners in any Prifon within their refpedtive Jurifdidlions, and to give the fame Judgment, Relief and Direflions relating thereto, as any Court out of which any Procefs ftiall ifTue againft any fuch. Prifoner as aforefaid, is herein before impowcred and dirc<iled to do: And every Order which fhall be made in the PremifTes by any fuch Judge or Judges of Aflize or Great Seflions, fliall be as valid and efTedual as if the fame had been made in the Court out of which the Procefs ift'ued on which any fuch Prifoner was charged in Execution ; and the fame fhall be made a Record of the Proceed- ings at fuch Aflizes or Great SeflTions, as the Cafe fhall happen to be, and a Copy thereof fhall from thence be tranfmitted to the Court from whence the Execution againft the Prifoner or Prifoners dif- charged ifiued, or was awarded, figned by the Judge or judges of Affize or Great Seffions to be a. Record of the f^id Court, and to be kept as fuch amongft the other Records thereof. ' for Debt or Damages, will rather fpend their Subftance in Prifon, than difcover and deliver u,p Prifon or Gaol, and charged in Execution for any Debt or Damages not exceedingthe Sum of one hundred Pounds, befidcs Cofts of Suit, fhall not, on or before the twenty-ninth^Day of September one thoufand feven hundred and fifty-nine, make Satisfadion to the Creditor or Creditors, his, her or their Executors or Adminiftrators, at whofe Suit any fuch Prifoner fliall be fo charged in Execu- tion for fuch Debt or Damages, and the Cofts of fuch Suit ; or if any Prifoner, who after the faid fifteenth Diiy of JuKe one thoufand feven hundred and fifty-nine fliall be committed or charged ia E.tecntion in any Prifon or Gaol, for any Debt or Damages not exceeding the Sum of one hua^ drcd Pounds, bcfides Cofts of Suit, fhall not within three Months next after every fuch Prifoner, after the faid fifteenth Day of June one thoufand (f^MQn hundred and ftfty-nine, fhall be committed or charged in Execution as aforefaid, make Satisfacftion to his, her or their Creditor or Creditors, -Aho fh*dl charge any fuch Prifoner in Execution as aforefaid, his, her or thek Executors or Admi- niftrators
 * e>veit on them j
 * XVT. And whereas it fometimes happens that Perfons who are Prifoners in Execution in Gaol.
 * the fame towards fatisfying their Creditors their juft Debts, or fo much thereof as fuch Subftance
 * will extend to pay ;' Be it therefore further enadted. That if any Prifoner now committed to any.